Or. Admin. Code § 845-025-7000

Current through Register Vol. 63, No. 10, October 1, 2024

Section 845-025-7000 - Packaging and Labeling - Definitions

For the purposes of OAR 845-025-7000 to 845-025-7190, unless otherwise specified:

(1) "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling a marijuana item or hemp item.

(2) "Added substances" means any component or ingredient added to usable marijuana, a cannabinoid concentrate, a cannabinoid extract, industrial hemp, or a hemp item during or after processing that is present in the final cannabinoid product or hemp cannabinoid product, including but not limited to added flavors, non-marijuana derived terpenes, and any substances used to change viscosity or consistency of the cannabinoid product.

(3) "Attractive to minors" means packaging, receptacles, inhalant delivery devices, labeling, and marketing that features:

(a) Cartoons;

(b) A design, brand, or name that resembles a non-cannabis consumer product of the type that is typically marketed to minors;

(c) Symbols or celebrities that are commonly used to market products to minors;

(d) Images of minors; and

(e) Words that refer to products that are commonly associated with minors or marketed by minors.

(4) "Authority" means the Oregon Health Authority.

(5) "Cannabinoid" for the purposes of labeling means any of the chemical compounds that are the active constituents of marijuana or industrial hemp.

(6) "Cannabinoid capsule" means a small, soluble pill, tablet, or container that contains liquid or powdered cannabinoid product, concentrate, or extract and is intended for human ingestion.

(7) "Cannabinoid concentrate or extract" means a substance obtained by separating cannabinoids from marijuana by a mechanical, chemical or other process.

(8)

(a) "Cannabinoid edible" means:

(A) Food or potable liquid into which a cannabinoid concentrate, or extract or the dried leaves or flowers of marijuana have been incorporated; or

(B) For purposes of labeling, includes any marijuana, cannabinoid concentrate, extract or cannabinoid product that is intended for human consumption or marketed in a manner that implies the item is for human consumption.

(b) For purposes of labeling "cannabinoid edible" does not include a cannabinoid tincture or capsule.

(9) "Cannabinoid product" means:

(a) A cannabinoid edible or any other product intended for human consumption or use, including a product intended to be applied to a person's skin or hair, that contains cannabinoids or the dried leaves or flowers of marijuana; or

(b) Usable marijuana, cannabinoid extracts, and cannabinoid concentrates that have been combined with an added substance.

(c) "Cannabinoid product" does not include:

(A) Usable marijuana by itself;

(B) A cannabinoid concentrate or extract by itself; or

(C) Industrial hemp, as defined in ORS 571.269.

(10) "Cannabinoid tincture" means a liquid cannabinoid product packaged in a container of four fluid ounces or less that consists of either:

(a) A non-potable solution consisting of at least 25 percent non-denatured alcohol, in addition to cannabinoid concentrate, extract, or usable marijuana, and perhaps other ingredients intended for human consumption or ingestion, that is exempt from the Liquor Control Act under ORS 471.035; or

(b) A non-potable solution comprised of glycerin, plant-based oil, or concentrated syrup; cannabinoid concentrate, extract, or usable marijuana; and other ingredients that does not contain any added sweeteners and is intended for human consumption or ingestion.

(11) "Cannabinoid topical" means a cannabinoid product intended to be applied to skin or hair.

(12) "Cartoon" means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:

(a) The use of comically exaggerated features;

(b) The attribution of human characteristics to animals, plants, or other objects, or the similar use of anthropomorphic technique; or

(c) The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunneling at very high speeds, or transformation.

(13) "CBD" means total cannabidiol as calculated pursuant to OAR 333-064-0100.

(14) "Child resistant" means designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly.

(15) "Commission" means the Oregon Liquor and Cannabis Commission.

(16) "Consumer" has the meaning given that term in ORS 475C.009 and does not include a patient or designated primary caregiver.

(17) "Container"

(a) Means a sealed, hard or soft-bodied receptacle in which a marijuana item or hemp item is placed and any outer receptacle intended to display a marijuana item or hemp item for ultimate sale to a consumer, patient, or designated primary caregiver.

(b) Does not mean:

(A) Inner wrapping or lining;

(B) An exit package; or

(C) A shipping container used to transfer marijuana items or hemp items in bulk from one licensee or registrant to another.

(18) "Date of harvest" means the day the last mature marijuana plant in the harvest lot was removed from the soil or other growing media.

(19)

(a) "Designated primary caregiver" means an individual:

(A) Who is 18 years of age or older;

(B) Who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition; and

(C) Who is designated as the person responsible for managing the well-being of a person who has been diagnosed with a debilitating medical condition on that person's application for a registry identification card or in other written notification submitted to the Authority.

(b) "Designated primary caregiver" does not include a person's attending physician.

(20) "Exit Package" means a sealed, child-resistant certified receptacle into which marijuana items or hemp items already within a container are placed at the point of sale.

(21) "Food" means a raw, cooked, or processed edible substance or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum and includes beverages.

(22) "Generic label"

(a) Means a label that does not have any graphics, pictures, or logos, other than symbols required by these rules and has:

(A) Only the information required by rule;

(B) Additional test information not required by rule; or

(C) Additional information described in OAR 845-025-7160(8)(c).

(b) Does not mean:

(A) A label for an inhalable cannabinoid product with a non-cannabis additive that is processed or manufactured on or after April 1, 2021.

(B) A label for a marijuana item or hemp item that contains an artificially derived cannabinoid allowed by OAR 845-025-1310 that is sold or transferred on or after July 1, 2022.

(23) "Grower" has the same meaning as "person responsible for a marijuana grow site."

(24) "Health claim" means any claim made on the label that expressly states or implies a relationship between a substance and a disease or health-related condition.

(25) "Hemp cannabinoid product"

(a) Means a hemp edible or any other industrial hemp commodity or product intended for human consumption or use, including a hemp topical or hemp transdermal patch, that contains cannabinoids from industrial hemp or the dried leaves or flowers of hemp.

(b) Includes:

(A) Usable hemp, industrial hemp extracts, and industrial hemp concentrates that have been combined with an added substance; or

(B) Any combination of usable hemp, industrial hemp extracts, or industrial hemp concentrates.

(c) Does not include:

(A) Usable hemp by itself;

(B) Hemp stalk by itself;

(C) A hemp concentrate or extract by itself;

(D) Hemp seed incapable of germination by itself;

(E) Other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients; or

(F) A cannabinoid product.

(26) "Hemp capsule"

(a) Means a small, soluble pill, tablet, or container that contains liquid or powdered hemp cannabinoid product, industrial hemp concentrate, or industrial hemp extract and is intended for human ingestion.

(b) Does not mean a cannabinoid capsule.

(27) "Hemp concentrate or extract" means an industrial hemp concentrate or industrial hemp extract, as those terms are defined in ORS 571.269.

(28) "Hemp edible"

(a) Means a food or potable liquid into which industrial hemp, an industrial hemp concentrate, an industrial hemp extract, or the dried leaves or flowers of hemp have been incorporated.

(b) Does not mean:

(A) Hemp seed incapable of germination by itself;

(B) Other products derived only from hemp seeds incapable of germination that may include other non-hemp ingredients; or

(C) A cannabinoid edible.

(29) "Hemp item" has the meaning given that term in OAR 845-025-1015.

(30) "Hemp symbol" means the image, established by the Commission and made available to licensees, indicating the item is a hemp item.

(31) "Hemp tincture"

(a) Means a liquid hemp cannabinoid product packaged in a container of four fluid ounces or less that consists of either:

(A) A non-potable solution consisting of at least 25 percent non-denatured alcohol, in addition to an industrial hemp concentrate, industrial hemp extract, or usable hemp, and perhaps other ingredients, intended for human consumption that is exempt from the Liquor Control Act under ORS 471.035; or

(B) A non-potable solution comprised of glycerin, plant-based oil, or concentrated syrup; industrial hemp concentrate, industrial hemp extract, or usable hemp; and other ingredients that does not contain any added sweeteners and is intended for human consumption or ingestion.

(b) Does not mean a cannabinoid tincture.

(32) "Hemp topical"

(a) Means a hemp cannabinoid product intended to be applied to skin or hair.

(b) Does not mean a cannabinoid topical.

(33) "Intended for human consumption" means intended for a human to eat, drink, or otherwise put in the mouth but does not mean intended for human inhalation.

(34) "Intended for human use" means intended to be used by applying it to a person's skin or hair, inhalation or otherwise consuming the product except through the mouth.

(35) "Label" means any display of written, printed, or graphic matter printed on or affixed to any container, wrapper, liner, or insert accompanying the marijuana item or hemp item.

(36) "Licensee" has the meaning given that term in ORS 475C.009.

(37) "Major food allergen" means an ingredient that contains any of the foods or food groups listed in subsections (a) to (i) of this section or an ingredient that contains protein derived from one of the foods listed in subsections (a) to (i) of this section:

(a) Milk;

(b) Egg;

(c) Fish;

(d) Crustacean shellfish;

(e) Tree nuts;

(f) Wheat;

(g) Peanuts;

(h) Soybeans; and

(i) On and after July 1, 2023, sesame.

(38)

(a) "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae, and the seeds of the plant Cannabis family Cannabaceae.

(b) "Marijuana" does not include industrial hemp, as defined in ORS 571.269.

(39) "Marijuana item" means marijuana, usable marijuana, a cannabinoid product, or a cannabinoid concentrate or extract.

(40) "Medical grade cannabinoid product, cannabinoid concentrate, or cannabinoid extract" means a cannabinoid product, cannabinoid concentrate, or cannabinoid extract that has a concentration of THC that is permitted under ORS 475C.620 in a single serving of the cannabinoid product, cannabinoid concentrate, or cannabinoid extract for a patient.

(41) "Medical grade symbol" means the image established by the Commission and made available to licensees indicating the cannabinoid product, concentrate, or extract may only be sold or transferred to a designated primary caregiver or patient, for use only by a patient.

(42) "Medical marijuana dispensary" means a facility registered under ORS 475C.833.

(43) "Net quantity of contents" means a statement on the principal display panel of the net weight or net volume of the product expressed in the terms of weight, measure, or numerical count.

(44) "Net volume" means the fluid measure of a liquid product expressed as milliliters and fluid ounces.

(45) "Net weight"

(a) Means the gross weight minus the tare weight of the packaging expressed as ounces and grams or milligrams.

(b) Includes, as applied to pre-rolled marijuana, the dried marijuana leaves and flowers, the rolling paper, and the filter or tip.

(46) "Patient" has the same meaning as "registry identification cardholder."

(47) "Person responsible for a marijuana grow site" means a person who has been selected by a patient to produce medical marijuana for the patient, and who has been registered by the Authority for this purpose and has the same meaning as "grower."

(48) "Place of address" means the name, mailing address, city, state, and zip code of the processor who made the cannabinoid edible or other cannabinoid product.

(49) "Principal display panel" means the part of a label on a package or container that is most likely to be displayed, presented, shown or seen under customary conditions of display for sale or transfer.

(50) "Processor" means a person:

(a) Licensed by the Commission to process marijuana under ORS 475C.085;

(b) Licensed by the Commission under ORS 475C.065 who produces kief;

(c) Licensed with the Oregon Department of Agriculture under ORS 571.281 who manufactures hemp items; or

(d) Registered with the Authority under ORS 475C.815 as a processing site and who is not exempt from labeling requirements under ORS 475C.604.

(51) "Producer" means a person:

(a) Licensed by the Commission to produce marijuana under ORS 475C.065; and

(b) Registered with the Authority under ORS 475C.792 as a grower and who is not exempt from labeling requirements under ORS 475C.604.

(52) "Product identity" means a truthful or common name of the product that is contained in the package.

(53) "Registrant" means a person registered with the Authority under ORS 475C.770 to 475C.919.

(54) "Registry identification cardholder" means a person to whom a registration card has been issued under ORS 475C.783.

(55) "Serving" or "serving size" means an amount of product that is suggested for use by a consumer or patient trying the item for the first time.

(56) "THC" means total delta-9-tetrahydrocannabinol as calculated pursuant to OAR 333-064-0100.

(57) "These rules" means OAR 845-025-7000 to 845-025-7190.

(58) "UID number" means the unique identification number generated by CTS at the time the marijuana item or hemp item was packaged and labeled for ultimate sale to a consumer, patient, or designated primary caregiver.

(59) "Ultimate sale" means the final sale from a retail location or dispensary to a consumer, patient, or designated primary caregiver.

(60) "Universal symbol" means the image, established by the Authority and made available to licensees and registrants, indicating the marijuana item contains marijuana.

(61) "Usable hemp"

(a) Means the flowers and leaves of industrial hemp intended for human consumption that does not fall within meaning hemp concentrate or extract, hemp edible, or hemp cannabinoid product.

(b) Includes pre-rolled hemp as long as the pre-roll consists of only dried hemp leaves and flowers, an unflavored rolling paper and a filter or tip.

(62) "Usable marijuana"

(a) Means the dried leaves and flowers of marijuana and includes pre-rolled marijuana as long as the pre-roll consists of only dried marijuana leaves and flowers, an unflavored rolling paper, and a filter or tip.

(b) Does not include:

(A) The seeds, stalks, and roots of marijuana; or

(B) Waste material that is a by-product of producing or processing marijuana.

Or. Admin. Code § 845-025-7000

OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16; OLCC 6-2016, f. 6-28-16, cert. ef. 6/29/2016; OLCC 17-2016(Temp), f. & cert. ef. 9-30-16 thru 12-26-16; OLCC 22-2016, f. 12-22-16, cert. ef. 12/27/2016; OLCC 6-2018, amend filed 05/23/2018, effective 6/1/2018; OLCC 14-2018, amend filed 12/27/2018, effective 12/28/2018; OLCC 3-2020, amend filed 01/28/2020, effective 2/1/2020; OLCC 24-2020, amend filed 12/21/2020, effective 12/22/2020; OLCC 17-2021, minor correction filed 08/02/2021, effective 8/2/2021; OLCC 21-2021, amend filed 12/30/2021, effective 1/1/2022; OLCC 143-2022, minor correction filed 03/25/2022, effective 3/25/2022; OLCC 202-2022, amend filed 11/21/2022, effective 1/1/2023; OLCC 7-2023, amend filed 11/17/2023, effective 1/2/2024

Statutory/Other Authority: ORS 475C.604, ORS 475C.608 & 571.337

Statutes/Other Implemented: ORS 475C.604 & 571.337